the united states international law and the struggle against terrorism routledge research in terrorism and the law

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The United States International Law And The Struggle Against Terrorism

Author : Thomas McDonnell
ISBN : 9781135268534
Genre : Law
File Size : 73. 91 MB
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This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "War on Terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "War on Terrorism".

The Routledge History Of Terrorism

Author : Randall D. Law
ISBN : 9781317514862
Genre : History
File Size : 34. 82 MB
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Though the history of terrorism stretches back to the ancient world, today it is often understood as a recent development. Comprehensive enough to serve as a survey for students or newcomers to the field, yet with enough depth to engage the specialist, The Routledge History of Terrorism is the first single-volume authoritative reference text to place terrorism firmly into its historical context. Terrorism is a transnational phenomenon with a convoluted history that defies easy periodization and narrative treatment. Over the course of 32 chapters, experts in the field analyze its historical significance and explore how and why terrorism emerged as a set of distinct strategies, tactics, and mindsets across time and space. Chapters address not only familiar topics such as the Northern Irish Troubles, the Palestine Liberation Organization, international terrorism, and the rise of al-Qaeda, but also lesser-explored issues such as: American racial terrorism state terror and terrorism in the Middle Ages tyrannicide from Ancient Greece and Rome to the seventeenth century the roots of Islamist violence the urban guerrilla, terrorism, and state terror in Latin America literary treatments of terrorism. With an introduction by the editor explaining the book’s rationale and organization, as well as a guide to the definition of terrorism, an historiographical chapter analysing the historical approach to terrorism studies, and an eight-chapter section that explores critical themes in the history of terrorism, this book is essential reading for all those interested in the past, present, and future of terrorism.

International Cooperation In Counter Terrorism

Author : Professor Giuseppe Nesi
ISBN : 9781409493068
Genre : Law
File Size : 27. 45 MB
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This volume provides a timely analysis of global and regional responses to international terrorism. The work assesses the role of the United Nations and its various organs, particularly the General Assembly and the Security Council, and discusses the key legal issues. The second part of the book examines the activity of regional organizations both in their own right as well as their interaction with the UN. The volume concludes with a discussion of whether, to what extent and how the fight against terrorism has encroached upon fundamental rules of international law such as the international protection of human rights or the use of force among states. The volume is the latest in a series drawing on the presentations of high ranking scholars, diplomats and representatives of international organizations. The result is a stimulating and thought-provoking book which will be of interest to researchers and policy-makers alike.

Terrorism War And International Law

Author : Myra Williamson
ISBN : 9781317045946
Genre : Law
File Size : 27. 54 MB
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This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

Routledge Handbook Of Law And Terrorism

Author : Genevieve Lennon
ISBN : 9781134455164
Genre : Law
File Size : 33. 94 MB
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In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

Self Determination In The Post 9 11 Era

Author : Elizabeth Chadwick
ISBN : 9781136735851
Genre : Law
File Size : 82. 66 MB
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This book takes the ten-year anniversary of 9/11 as a timely point at which to review the impact on the theory and practice of self-determination caused by wider anti-terrorist action and a growing disregard of the laws of armed conflict.

Anti Terrorism Law And Normalising Northern Ireland

Author : Jessie Blackbourn
ISBN : 9781317964186
Genre : Law
File Size : 65. 55 MB
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The Northern Ireland peace process has been heralded by those involved as a successful example of transformation from a violent conflict to a peaceful society. This book examines the implementation of the Belfast Agreement in Northern Ireland, and evaluates whether its goal to establish a normal, peaceful society has been fully realised. Using the political and legal status of England, Scotland and Wales as a comparison, Jessie Blackbourn evaluates eight aspects of Northern Ireland which the Agreement aimed to normalise: the contested constitutional status of Northern Ireland, the devolution of power, decommissioning, the removal of emergency laws, demilitarisation, police reform, criminal justice reform, and paramilitary prisoners. The book highlights the historical context which gave rise to the need for a programme of normalisation within the Belfast Agreement with respect to these areas and assesses the extent to which that programme of normalisation has been successfully implemented. By evaluating the implementation of the Belfast Agreement, the book demonstrates the difficulties that transitional or post-conflict states face in attempting to wind back extraordinary counter-terrorism policies after periods of violence have been brought to an end. The book will be of great use to students and researchers concerned with the emergence, evolution and repeal of anti-terrorism laws, and anyone interested in the history of the conflict and peace process in Northern Ireland.

The Impact Legitimacy And Effectiveness Of Eu Counter Terrorism

Author : Fiona de Londras
ISBN : 9781317524649
Genre : Political Science
File Size : 61. 68 MB
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Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.

Surveillance Counter Terrorism And Comparative Constitutionalism

Author : Fergal Davis
ISBN : 9781134095278
Genre : Law
File Size : 90. 33 MB
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The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.

Preventive Detention Of Terror Suspects

Author : Diane Webber
ISBN : 9781317385486
Genre : Law
File Size : 50. 88 MB
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Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.

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